2x Simple Misdemeanor Possession - Prohibited Offense?

[phillyfighter215]

Happy Halloween Everyone,

Hope you all are doing well.

Does anyone know if a conviction for two counts of:

M 35 § 780-113 §§A16 Int Poss Contr Subst By Per Not Reg

are prohibiting for an individual to purchase or own a firearm in Pennsylvania?

The conviction is for 2 counts of the above, from the same incident on the same day. Unfortunately, at this time I do not have enough money to hire a lawyer, but I have the opportunity to obtain a firearm(at no cost to myself) just as long as I can pass the PICS for the transfer. I do not wish to break the law by attempting to by a firearm when I am prohibited, but I must claim the firearm within a very nearing window of time. It is being gifted to me from a family member, but I doubt that changes the legality of it.

Thank you guys! And helpful insight is appreciated.

[Remington788]

Happy Halloween Everyone,

Hope you all are doing well.

Does anyone know if a conviction for two counts of:

M 35 § 780-113 §§A16 Int Poss Contr Subst By Per Not Reg

are prohibiting for an individual to purchase or own a firearm in Pennsylvania?

The conviction is for 2 counts of the above, from the same incident on the same day. Unfortunately, at this time I do not have enough money to hire a lawyer, but I have the opportunity to obtain a firearm(at no cost to myself) just as long as I can pass the PICS for the transfer. I do not wish to break the law by attempting to by a firearm when I am prohibited, but I must claim the firearm within a very nearing window of time. It is being gifted to me from a family member, but I doubt that changes the legality of it.

Thank you guys! And helpful insight is appreciated.

Welcome back to the forum.
It depends on the severity of the potential penalties of the charges. What was the maximum time you could have been given?

[phillyfighter215]

Welcome back to the forum.
It depends on the severity of the potential penalties of the charges. What was the maximum time you could have been given?

Thank you for the warm welcome back! I have gotten awesome advice and met some awesome people on this forum, so when the question popped in my head, I came right here!

Since they were both misdemeanors, my understanding is 1 year; which is what I was given. After a year it was all done and the case was wrapped up and closed.

What concerns and confuses me is that is is two of the same exact charge. I know for a fact (or atleast, that is what I was told by Jon Mirowitz when I spoke with him at the time my case was going on) if it just ONE charge, I'd be golden; however the second charge makes it iffy. Sadly, when I talked to Mirowitz I was only facing the 1 charge -- they tacked the second one on at my preliminary (?) hearing.

[Remington788]

Thank you for the warm welcome back! I have gotten awesome advice and met some awesome people on this forum, so when the question popped in my head, I came right here!

Since they were both misdemeanors, my understanding is 1 year; which is what I was given (they gave me the maximum). After a year of probation (first and only offense), it was all done and the case was wrapped up and closed.

According to this page http://www.lawofficeofkevinmarkwrayesq.com/217785063 the first conviction is up to one year, but the second is up to 3 years, which I believe would be a no-no.
But, I am not a lawyer, I just Googled that information. I would recommend you spend a few bucks to talk to a knowledgeable attorney. Go to one of the law seminars that are often advertised and ask the attorney that gives the class.

[phillyfighter215]

According to this page http://www.lawofficeofkevinmarkwrayesq.com/217785063 the first conviction is up to one year, but the second is up to 3 years, which I believe would be a no-no.
But, I am not a lawyer, I just Googled that information. I would recommend you spend a few bucks to talk to a knowledgeable attorney. Go to one of the law seminars that are often advertised and ask the attorney that gives the class.

Thank you! I will save up. I am hoping for about $200 I can just speak to one over the phone and get a solid answer. I honestly have no idea how much this would cost though. Right now I only make $10/hour and money is tight, so this is a pretty big financial decision.

From what I understand, you are 100% right! The second charge would be disqualifying; but what complicates it (perhaps in my favor) is that they were both on the same day for the same incident.

[Remington788]

Thank you! I will save up. I am hoping for about $200 I can just speak to one over the phone and get a solid answer.

From what I understand, you are 100% right! The second charge would be disqualifying; but what complicates it is that they were both on the same day for the same incident.

Were you in possession of two different kinds of drugs?

[phillyfighter215]

Were you in possession of two different kinds of drugs?

Yes! Both small amounts, both 'party' drugs. Nothing hard. Do you think this has any significance?

Just a side question: do the charges reflect the severity of the drug i.e. do a couple ativan show up the same way as heroin does on a charge sheet?

I'm always scared employers will see that and I think I was shooting heroin into my arm or something.

I wish it would say what drugs they were on the background check, charge sheets, etc.

[Remington788]

Yes! Both small amounts, both 'party' drugs. Nothing hard. Do you think this has any significance?

Just a side question: do the charges reflect the severity of the drug i.e. do a couple ativan show up the same way as heroin does on a charge sheet?

I'm always scared employers will see that and I think I was shooting heroin into my arm or something.

In my completely untrained opinion, two different drugs would equal two different crimes, two different charges.

[phillyfighter215]

In my completely untrained opinion, two different drugs would equal two different crimes, two different charges.

Damn. That does make sense. I'd rather have the truth then a sugercoated lie, however. Thank you for your input and honest answer

When I do eventually get the funds up to contact an attorney, I will post an update incase anyone is interested or has a similar question in the future.

[Remington788]

Damn. That does make sense. I'd rather have the truth then a sugercoated lie, however. Thank you for your input and honest answer

When I do eventually get the funds up to contact an attorney, I will post an update incase anyone is interested or has a similar question in the future.

Hope it works out.